Attachment A - Draft Ordinance - Z-11-20-1.pdf
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ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN (CASE
Z-11-20-1) FROM C-2 DVAO (INTERMEDIATE COMMERCIAL,
DEER VALLEY AIRPORT OVERLAY DISTRICT) TO CP/GCP DVAO
(COMMERCE PARK/GENERAL COMMERCE PARK, DEER VALLEY
AIRPORT OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 1.25-acre site located at the southeast corner
of 15th Avenue and Happy Valley Road in a portion of Section 7, Township 4 North,
Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from “C-2
DVAO” (Intermediate Commercial, Deer Valley Airport Overlay District) to “CP/GCP
DVAO” (Commerce Park/General Commerce Park, Deer Valley Airport Overlay District).
SECTION 2. The Planning and Development Director is instructed to modify
the Zoning Map of the City of Phoenix to reflect this use district classification change as
shown in Exhibit “B”.
SECTION 3. Due to the site’s specific physical conditions and the use district
applied for by the applicant, this rezoning is subject to the following stipulations, violation
of which shall be treated in the same manner as a violation of the City of Phoenix Zoning
Ordinance:
1.
All sidewalks along Happy Valley Road shall be detached with a minimum five
foot wide landscape strip located between the sidewalk and back of curb and
shall include minimum two inch caliper shade trees planted a minimum of 20 feet
on center or in equivalent groupings between the sidewalk and back of curb, as
approved by the Planning and Development Department.
2.
All elevations visible from the street shall contain architectural embellishments
and detailing such as textural changes, pilasters, offsets, recesses, variation in
window size and location, and/or overhang canopies, as approved by the
Planning and Development Department.
3.
The development shall utilize the C-2 streetscape landscape standards for
planting type, size and quantity along Happy Valley Road and 15th Avenue
frontages, as approved by the Planning and Development Department.
4.
There shall be a minimum of 10 percent landscaping in the parking lot, as
approved by the Planning and Development Department.
5.
All landscaping provided shall be from the Plant List provided in the Sonoran
Boulevard Development Standards for Happy Valley Road adopted by City
Council on December 18, 1996, as approved by the Planning and Development
Department.
6.
A minimum of 1 bicycle parking space shall be provided on site and installed per
the requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department.
7.
Right-of-way totaling 65 feet with a 10-foot sidewalk easement shall be dedicated
for the south half of Happy Valley Road, as approved by the Planning and
Development Department.
8.
The development shall conform to the dedications identified on the Maricopa
County Recorded Plat 180123, Book 1471 and Page 48 dated May 23, 2019 for
the east half of 15th Avenue, as approved by the Planning and Development
Department.
9.
Driveways along Happy Valley Road shall be minimum 30 feet in width and
constructed in accordance with City of Phoenix Standard Detail P1255-2.
Driveways are to be right-in / right-out only, due to future median islands on
Happy Valley Road.
10.
A 25-foot by 25-foot right-of-way triangle shall be dedicated at the southeast
corner of 15th Avenue and Happy Valley Road, as approved by the Planning and
Development Department.
11.
The applicant shall complete and submit the Developer Project Information Form
for the MAG Transportation Improvement Program to the Street Transportation
Department prior to preliminary site plan approval.
12.
The developer shall construct all streets within and adjacent to the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
13.
Right-of-way shall be dedicated, and a transit pad constructed along eastbound
Happy Valley Road east of 15th Avenue. The bus stop pad shall be constructed
according to City of Phoenix Standard Detail P1260 with a minimum depth of 10
feet. The bus stop pad shall be spaced from the intersection of Happy Valley
Road and 15th Avenue according to City of Phoenix Standard Detail P1258, as
approved by the Planning and Development Department.
14.
Trees shall be placed to provide 50 percent shade coverage to bus stop pad at
full maturity, as approved by the Planning and Development Department.
15.
The property owner shall record a Notice to Prospective Purchasers of Proximity
to Airport in order to disclose the existence, and operational characteristics of
Phoenix Deer Valley Airport to future owners or tenants of the property. The form
and content of such documents shall be according to the templates and
instructions provided which have been reviewed and approved by the City
Attorney.
16.
The developer must file FAA Form 7460 and provide City FAA’s no hazard
determination prior to construction permit approval, as per plans approved by the
Planning and Development Department.
17.
In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
18.
Prior to preliminary site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the rezoning
application file for record.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions hereof.
PASSED by the Council of the City of Phoenix this 2nd day of September
2020.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-11-20-1
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,
TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A 3 INCH MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION BRASS CAP FLUSH MARKING THE NORTH QUARTER CORNER
OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 3 EAST, FROM WHICH A 3 INCH
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAP IN
HANDHOLE MARKING THE NORTHEAST CORNER OF SAID SECTION 7 BEARS
NORTH 89 DEGREES 23 MINUTES 20 SECONDS EAST 2,643.72 FEET;
THENCE NORTH 89 DEGREES 23 MINUTES 20 SECONDS EAST 190.48 FEET;
THENCE SOUTH 00 DEGREES 38 MINUTES 42 SECONDS EAST 265.96 FEET;
THENCE SOUTH 44 DEGREES 21 MINUTES 18 SECONDS WEST 16.77 FEET;
THENCE SOUTH 89 DEGREES 21 MINUTES 18 SECONDS WEST 189.87 FEET TO
THE WEST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE NORTH 01 DEGREE 40 MINUTES 15 SECONDS EAST 278.16 FEET ALONG
SAID WEST LINE TO THE POINT OF BEGINNING.
COMPRISING 1.249 ACRES OR 54,421 SQUARE FEET MORE OR LESS, SUBJECT TO
ALL EASEMENTS OF RECORD.